MOHAMMAD RAFIQ RATHER Vs. SARA BANOO

JUDGEMENT

(1.) The petition under Article 227 of the Constitution of India has been preferred by the petitioner against order dtd. 15/7/2022 passed by the learned Court of Munsiff Kangan and order dtd. 11/7/2023 passed by the learned Court of Principal District Judge, Ganderbal in the suit filed by the respondent against the petitioner. The interim application filed by the respondent against the petitioner herein in a suit was disposed of by the trial Court with the direction that the respondent is temporarily restrained from causing the obstruction in the cultivation of suit property till the disposal of main suit. The court also restrained respondent herein from creating third party interest or change the nature of the suit property for the purposes other than cultivation. The appeal preferred by the respondent against the said order was dismissed by the Appellate Court vide order dtd. 11/7/2023.

(2.) The petitioner shall be referred as defendant and the respondent as plaintiff for the purposes of discussion in the petition in hand.

(3.) The plaintiff filed a suit with the averments that the parties are descendants of common ancestor. The plaintiff is the sister of the defendant. The property falling under Khasra No.822 measuring 5 kanals and 14 Marla situate at Mouza Wussan, Ganderbal has fallen under the share of the plaintiff on being partitioned and is enjoying the same for the last more than three decades. The defendant though has no right in the suit property yet is causing interference in the same.